Assault & Battery

Texas Assault and Battery Attorney

Assault & Battery Defense in Dallas | Fort Worth | Arlington

Many people think that assault and battery mean the same thing, but there is a distinction. Assault refers to the threat or intent to inflict physical harm on a person whereas battery refers to the actual physical act of inflicting harm. However, over time, both have come to mean the same thing and most states, when referring to assault and battery, define it as some form of physical harm or offensive contact. Assault and battery is punishable based on the following factors:

how much bodily harm was inflicted

the use of a weapon to inflict injury or with the intent to inflict injury

the victim was vulnerable and had no means to defend themselves

the victim was an officer of the law

the offense committed or intended was a hate crime

When injuries sustained from an assault and battery are perceived to be less, it is considered a simple assault and battery case, whereas injuries of a serious and severe nature, including those sustained from a deadly weapon, are considered aggravated assault. Assaults can be in the form of road rage, fights in restaurants, bars or clubs, domestic violence, disorderly conduct, and more. Sometimes, even people defending themselves are charged with assault.

Because laws of assault and battery developed out of common law, a person charged with assault and battery may face both criminal and civil charges. In addition to being fined, convicted or jailed, a person may have to pay compensatory damages to the victim as well.

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